f J V *. C" >- " ">.»..r,, -j.,!./'7j.: ' ' -^-.v < V. '. -' v...?. *1., ( r *' ^y: -y r. 1.. -y Ti Arthur Circle, Forrest, A.C.T. 2603, 14th February, 1975. 'Mi. t V,, P-C-.. * '/ ' f M *1 ' h\..v..v,.. ;VJ V /: - r k " Messrs. Hacphillany Curanins & Gibson, P.O. Box 628, CAN?.ILra?A CITY. A. C. T. 2601. Dear Sirs, Eanabana v British Phosphate Commissioners Thank you for your letter J.52037 of the 4th February. I an glad that you are keeping ray file open for the time being, since I have a feeling that we have by no means heard the end of this case. I shall let you know should any further developments occur. In reply to the query in your para. 4 you mil see from the corres. pondence in your possession that I approached you at the express request of Mr ll.m.l. Brown, the solicitors for the Banabans, and on his written assurance that your costs would be defrayed by hira. There were two matters on which Mr Brown wished no to secure your advice and assistance; the preparation and engrossing of a vital affidavit required for the presentation of the Banaban case, and my protection against pecuniary loss should I give verbal evidence. The first matter has been duly completed, sworn to, witnessed, sealed and foivarded to Mr Brown. As regards the second matter, frmn the very cmtimencement of my involuntary involvment in this case I informed Sir Elwjm Jones, then acting for the Banabans, that I was not mlling to give any evidence for the plaintiffs in view of the possibility of subsequent victimization by the defendants. I have never deviated from this position though I consented to consider the possibility of giving evidence should you agree that my position was adequately protected against pecuniary loss through subse quent action instigated directly or indirectly by the British Governwent or the British Phosphate Ccramissioners, This, as you have informed me, proved in the event to be impossible. Still wishing to be conciliatory, however, I framed the expression of my reluctance in such a way that Mr Brown is able to approach the solicitors for the defendants with a view to securing my presence as an expert witness which is all, as an officer of the Crown, that I could be. As I am the only person still alive In a position to testify on matters which transpired on Ocean Island during the early 308 my absence might well prove a matter for ccmraent by the Judge, whereupon the Barrister leading for the plaintiffs can explain why I am not there. In any event, as on former occasions, I presume that one of the main sources of factual
\ i 4 fc'.v. sv. " *'p-- Ajf. J'i:'. ' ; V.. > 2 - information vill be my monograph on The Fatnre of the Ranaban Potmlation of Ocean Island; vith special relation to their lands and ftinde. prepared for, and published by, the British Government, and on the Banabans theaselves, my paper on 'The Social Organization of Eanaba, or Ocean Island,' published by the Polynesian Society in 1932. Should Mr Brown, though I personally consider it to be unlikely in the extreme, now demur on his written undertaking to pay your costs, I imagine that one might have to approach the Ear Association of Great Britain, or to appeal to the Judge of the Supreme Court hearing the case; but you are in a better position than I am to consider the best action to be taken. Bresuraably he would be required to return the affidavit i^ich, in such an event, would have been obtained under what might be regarded as false pretenses. Maude * -<*, A.--" I vx«. V'-' 'T*'*. -'vv''' v'v ii.' ' I:'". ir' '*,4 i*.- " St"f. -r,',,v.,v-.*. v-'v "v.y^r'u, j, 4iim ) -'7 ", ' 'jj''.i(y>-,, : A 'ia.:''si'"*:',
MACPHILLAMY CUMMINS & GIBSON SOLICITORS nth floor, National Mutual Centre Darwin Place Canberra PO Box 628, Canberra City, 2601 Telegrams: Phipson Telephone: STD 0621488371 Your rel.: Ourrel.: J. 52037 4th February, 1975 Prdfessor H.E. Maude, 77 Arthur Circle, FORREST. A.C.T. 2603 Dear Sir, BANABAN LAND RIGHTS CASE RE; EVIDENCE ON COMMISSION We thank, you for your letter of 3rd February 1975 with the enclosed copy of your reply to Mr. Brown, Solicitor, of London, bearing the same date. We note your decision in the matter and should be only too pleased to assist further, providing Mr. Brown with your formal letter if he so desires. Pending further corres pondence from Mr. Brown we shall keep our file open for the time being. We trust that you will contact us should any further aspects of this matter arise. The only matter that remains for consideration is, whether you wish us to approach Mr. Brown to ascertain whether his clients are prepared to defray your legal costs incurred in seeking advice regarding the protection of your interests. We await your further instructions. Yours f MACPH thfiylly, UMMINS & GIBSON Partners: Neil M.Macphlilamy BA LLB M.P.Cummins j.r.rosenberg LLB T.M.Johnstone Notary Public J.W.Leedman MA LLB j.w.haslem LLB B Com AASA P.O.Seaman Associates: R.j.Skeen A.J.B.Ward BA LLB Consultant: A.R.Morris Gibson BA LLB Woden office: 1st floor, Woden Plaza offices Town Square Phillip Tel: STD 062/815333
-C'.- V R.a A. h ".''J' V... "1. ' I- #.. % ;,.v'!; y >. i'u" '.f...». t;;:, «r - *< V- '54>-',kvv^' - *»?. :. t'- n v.*. ;. I 77 Arthur Circle, Forrest, A.C.T. 2603, " 3rd February, 1975. V.m ; -'.t Messrs. Facphillamy Cunmins & Gibson, P.O. Box 628, CjV^TEITA CITY. A. 0. T. 2601. [UU-tkAry, 1^. ^. Hfc. : -r: >' Dear Sirs, ' ;r u* - > li.x. Banabane v British Phosphate Commissioners I have thought over ray position in regard to the desire expressed by the solicitors acting for the Banabans that I should proceed to London to give evidence for them in this case and have come to the view that the considerations which should govern my decision on the matter are of an ethical rather than a legal nature. This concl?ision, which is necessarily one which had to be taken personally and independently by me, has resulted in my deciding that I an not prepared to give evidence in a case in %irhich Her l ajesty's Govern ment is involved as a party except at its express request in writing, and that this applies to evidence in Court or by comnission. As time is now pressing I have written to f'r F.L'.L. Brown, the solicitor for the plaintiffs, accordingly, and enclose a copy for your records. You will note that I have offered to write a formal letter to the same effect, to be forwarded through you, should fir Brown so desire; in which case perhaps you would be so kind as to send it through your office. of a Failing this eventuality there would appear to be nothing fnrther legal nature to be dealt with. Thanking you for protecting my interests in this matter. I ^...1» I '.. itmr *.* ' V'-'. L - j.. : - *' - ' j, ' "f; H.i'. Faude. i. r): r. VI 'Ifi, fly. -fil a. S ' ^ V ^ t, r X * -v X 1 y-'v i
MACPHILLAMY CUMMINS & GIBSON SOLICITORS 11th floor. National Mutual Centre Darwin Place Canberra PO Box 628, Canberra City, 2601 Sydney Document Exchange No, C1 Telex: 62613 Telegrams: Phipson Telephone: STD 062/488311 18th.February 1975 Your rel.: Our rel.: J.52037 Professor H. Maude 77 Arthur Circle FORREST. A.C.T. 2603 Dear Professor Maude, PJ3: BAMABAI-T LAIID RIGHTS CASE - FVIDETTCE OH COMIilSSIOH Thank you for your letter of the l^.th Februarv 1975. Mg have not heard anything further fron Mr. Erown but no doubt he is involved very much in the Court case v/hich appears to have now commenced. For your interest, I enclose a copy of a clipoina from the Sydney Morning Herald of 15th February v.^hich vou'^may not" have seen. Me shall be grateful if you could" keep Mr. Eohnen informed of any further developments in case Mr. Erovm or anyone else writes to you direct about the natter. MACH^iiTTJLLAMY CUrMINS & GIESOH End, Partners: Neil M.Macphillamy BA LLB M.P.Cummins T.M.johnstone Notary Public J.W.Leedman MA LLB J.W.Hasiem LLB B Com AASA P.O.Seaman Assodates: R.j.Skeen Stephen L.Walmslcy LLB j.g.mcmahon BA ffcon; Consultant: A.R.Morris Gibson BA LLB